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Home My WebLink About86-045 Japan Karate Org CUP TO: FROM: SUBJECT: GENERAL INFORMATION: CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: June 16, 1986 Planning Commission Planning Staff 1\{OI(~ t:r PA 86-045 Japan Karate Organization Conditional Use Permit for Karate School. PROJECT: APPLICANT: PROPERTY OWNER: LOCATION: ASSESSOR PARCEL NUMBER: EXISTING ZONING AND LAND USE: GENERAL PLAN DESIGNATION: SURROUNDING LAND USE AND ZONING: ZONING HISTORY: August 1975: October 1980: November 1981: Conditional Use Permit application to continue operation of a Karate School for martial arts instruction and sale of uniforms, books and supplies. Carl E. Hu1tin, Jr. 6743 Dublin Boulevard, #31-32 Dublin, CA 94568 Harold B. Murphy 3911 Paseo Padre Parkway Fremont, CA 94538 6743 Dublin Boulevard, Suites 31-32 Dublin, CA 94568 941-205-16 C-2, General Commercial District Retail/Office and Automotive North: South: East: West: M-1, Light Industrial/Office M-1, Dublin Sports Grounds C-2, Commercial Retail C-2, Commercial Retail Alameda County approved Site Development Review for 35,000 sq. ft. commercial facility at 6743 Dublin Boulevard. Alameda County approved Conditional Ues Permit to operate Karate and Martial Arts Instruction School. Permit expired October 1981. Alameda County approval of Conditional Use Permit to continue operation of Karate and Martial Arts Instruction School. Permit expired November 1984. The Applicant was notified about the expired Conditional Use Permit in Feburary, 1986, in conjunction with the Zoning Investigator's routine follow-up on expired permits. ------------------------------------------------------------------------------ ITEM NO. 2,d-- - - COPIES TO: Applicant Owner File PA 86-045 APPLICABLE REGULATIONS: Section 8-49.2(e) requires approval of a Conditional Use Permit to operate a commercial recreation facility in the C-2 District. Section 8-94.0 states that conditional uses must be analyzed to determine: 1) whether or not the use is required by the public need; 2) whether or not the use will be properly related to other land uses, transportation and service facilities in the vicinity; 3) whether or not the use will materially affect the health or safety of persons residing or working in the vicinity; and 4) whether or not the use will be contrary to the specific intent clauses or peformance standards established for the district in which it is located. Section 8-94.4 states the approval of a Conditional Use Permit may be valid only for a specified term, and may be made contingent upon the acceptance and observance of specified conditions, including but not limited to the following matters: a) substantial conformity to approved plans and drawings; b) limitations on time of day for the conduct of specified activities; c) time period within which the approval shall be exercised and the proposed use brought into existence, failing which, the approval shall lapse and be void; d) guarantees as to compliance with the terms of the approval, including the posting of bond; e) compliance with requirements of other departments of the City/County Government. ENVIRONMENTAL REVIEW: Categorical Exemption - Class 1. NOTIFICATION: The Herald, buildings. Public Notice of the June 16, 1986, hearing was published in mailed to adjacent property owners, and posted in public ANALYSIS: The Applicant is requesting approval of a Conditional Use Permit to continue operation of a Karate/Martial Arts Instruction School and sale of karate supplies in the Murco Center at 6743 Dublin Boulevard. The business operates six days a week with typical business hours between 10:00 a.m. and 9:00 p.m. weekdays, and 10:00 a.m. to 3:00 p.m. Saturdays. Classes are typically held at 10:30 a.m., 4:30 p.m., 6:30 p.m. and 7:30 p.m., with approximately 5 to 18 students per class. Existing businesses in the Murco Center are primarily retail and service oriented uses (one restaurant) many of which maintain typical daytime business hours and are closed during evening hours. The existing site appears to have adequate parking to accommodate existing uses in the Center, including the Karate School. The Center has approximately 84 parking spaces. The Japan Karate Organization has operated in its present location for nearly six years with no record of complaints or problems associated with the use or with traffic or parking generated by the use. -2- RECOMMENDATION: FORMAT: 1) Open public hearing and hear Staff presentation. 2) Take testimony from Applicant and the public. 3) Question Staff, Applicant and the public. 4) Close public hearing and deliberate. 5) Adopt Resolution regarding the Conditional Use Permit. ACTION: Staff recommends the Planning Commission adopt the attached Resolution approving the Conditional Use Permit for PA 86-045. ATTACHMENTS: Exhibit A: Application and Site Plan Exhibit B: Resolution Approving Conditional Use Permit PA 86-045 Background Attachments: 1) Location Maps 2) Notice of Exemption -3- t~~-~ T ", c ( itl CITY OF DUBLIN P.O. Box 2340 Dublin. CA 94568 Plarming Department 6500 Dublin Blvd. Suite D Dublin CA 94568 ;. 2CElVED MAYi 8 ,1986. (415) 829-4600 (415) 829-4916 Eff.: 1/84 :'UBUN PLANNING PLANNING APPLICATION FORM Notes to Applicant: * Please discuss your proposal with Statf prior to completing the Plarming Application fom. * All items related to your specific type of application must be completed. * Since this is a ccrnprehensive application fom, some of the items might not apply to your specific application. * Please print or type legibly. ~l / ~3 DC! * Attach additional sheets if necessary. cL.J elf{ 7:t-' -.5 7'';) 'J 0----- I. AUTHORIZATION OF PROPERTY OWNER A. PROPERTY OWNER: In signing this application, I, as property. owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand. that conditions of approval are binding. I agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal period. Name: /;b-~{jL../JI3/Mt:./fi?.?/I V Capacity: Property Owner Address: ___5 ~~ e l?~, Daytime Phone: (41,oi 79/- 23 L7<~ /hO .91"'0:: ( ) Signature: Date: 3 /1 8,; v B. APPLICANT arHER THAN PROPERTY 0 I signing this ap lication, I, as applicant, represent to have obtained authorizat/' n of the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file this application and agreement to conditions of approval, subject only to the right to object at the hearings or during the appeal period. Name: W,eL E /-IUL-7/A.; -k Capa~ity: Address G7Lf3 7)uALtlJ 6LVl)-if31.32DaytimePhone: ($"N-) tf29-lPZ6-.5 7) veL-IN G4 Q4.<;'loB ( ) Signature: Date: ~ 21, 11,?f:, , II. CERTIFICATION I certify that I have the authorization of the property owner to file this application. I further certify that the information and exhibits submitted are true and correct. Name: c'4RL E )./V L.r/;.v ..T /C Capacity: ~O /"e"tpL-~ Address: 07'13 7)udL/N BL vp ~/-32 Daytime Phone: (Lf/5) g:J.. 9-1./;2.65 Dl./f3L/N CA. 'lV.rb8 ( ) R. E C E. I.~ Signature: Date: 7€8 e:2/ /9'1';; _ _ LJ { ; "\ (OVER) EXH!8ITA- 'PA6~'-D45 .... ., r> -" ' . ( ( ~ AI/J~~ J"ote ;0. ~: II. GENERAL DATA REQUIRED A. B. C. Site area: -2. l'IA€ceSJ. E. Existing Use of Property: /J14.er//lL- ..ers O/e./67//1,1? L (!PH/)/ T/LJA.4L..- U~e: PB72/n / r- F. Zoning and Existing Use Of Surrounding Property: Zone Existing Uses - North: C 2 p~fA)n NG-, - L, ~ll,T JfJ /';)lJ ~.-e, ~ L_ - south: CZ SPDfC.T.5 F"IELD - CAR- 1)eJllLerc.SI-/'"P - East: C2 LI €7tuP:fG -GeocetePj S;4U'S- -/J1/sr. SA~ - West: G,;L AVTOMOT J vG: k:t::.--y::J/JJ'C..- L'Jh-r j:1\J:Dt/srJ2/ G. Detailed Description of Proposed Use of Property: (!o/Jrl/vl/t=D ()P~T/OAJ OJ: ):'4/2477:::" SchtJoL . /'tJ~ //1.4e:r74-L A!?-TS ::!)JS/EVct/!)I\) ,.4-A/b cSRL.f::TS o,.c V/V/Ft/~J -/BCJt!/k.J" AA/-Z) .31/1'1/L./&-5. (Continue on separate sheet if necessary) ..:;TlVsr/C..Uc 17 c0 ~c-r- g / 'l d'tJ " N. TYPE OF APPLICATION Check type of plarming permit (s) being requested: [] Administrative Conditional Use Permit [] Boundary Adjustment ~ Conditional Use Permit [] General Plan Amendment [] Plarmed Development [] Other: [] Rezoning [] Sign [] Site Development Review o Subdivision Map [] Variance v. SUBMITTAL REQUIREMENTS A. Plarmed Development: (See Planned Development Rezoning Submittal Requirements) B. Subdivision Map: (See Subdivision Map Submittal Requirements) . C. Any Other Planning Permit: (See General Submittal Requirements) VI. PROCESSING (See. Plarming Application Cover Letter) II _ REFERENCE PHONE NUMBERS Most questions related to the Planning Application should be directed to the Dublin Plarming Department, however, sane concerns might be addressed directly by another appropriate department or agency: 1. City of Dublin: Building Inspection: (415) Engineering: (415) Planning: (415) Police: (415) 829-0822 829-4916 829-4916 829-0566 2. Dublin San Ramon Services District: Fire: (415) 829-2333 Water, Sewer, Garbage: (415) 828-0515 3. Zone 7 - Alameda County Flood Control: (415) 443-9300 Condition Use Permit Item 6 - Description of Project The Japan Karate Organization has been in business at 6743 Dublin Boulevard, Suites 31 and 32, since October 1980. Enrollment in the karate clube is mainly young children. The service we contribute to the community is the character building aspects of martial arts training. The club is open six days a week, mainly during the late afternoon and evening hours. Because of the high regard for discipline and proper conduct we operate a safe and healthy service to the community. We have been responsible neighbors and have helped contribute to the economic growth of the other commercial businesses. In addition we encourage good sportsmanship in AAU competition and the future US Olympic Committee. We are the future principle business site for the non-profit California corporation "USA Karate Federation of the Pacific." This is a regional sports organization to interface with the national organization, Olympic Gillnes, Pan American Games, and WUKO world championships. In addition to instruction we sell uniforms for karate, judo, Taekwon Do, Kungfui also educational books and magazines, training supplies and safety pads and equipment. r A -, d"'f' . ,.. k!\l " c<4.. i j" ";', ~~" ' ,..~ PA &/;-0'15 Ii ~17~5 1 fis / ~,fi r <~ - :l,--I rl' t ~ ~~~, ~. i'~ ~ '" I 34 ", 33 ,I J .J l- i: <:!\ Q ~ I 850 850 f'! ~ ~ ~ !"VCV:,L!/J! 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" 3 1)u(]u..v 6'L.VZ@ .< , II;, )l0.J S,'.T~ PAEIC. v ~ t ~ v) - 'I HOO _.: ._----"---.:'(.;. .. _; - __ ; n' q., 8~O 510 ::ll~,)j ". J~~':~~.:J :-...,. .,1 tJ,t: i : d i !~';' ~" ;:, ~ 1 1 ~.'t R'ECEIVED A r,' Vll'rj';'~f .... It,, ,. ;.' (' " :I-I -_~ FA 6fo-OLf5 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ------------------------------------------------------------------------------ APPROVING PA 86-045 JAPAN KARATE ORGANIZATION CONDITIONAL USE PERMIT REQUEST TO CONTINUE OPERATION OF A KARATE AND MARTIAL ARTS INSTRUCTION SCHOOL AT THE MURCO CENTER, 6743 DUBLIN BOULEVARD WHEREAS, Carl Hultin requested approval of a Conditional Use Permit to allow continued operation of a Karate and Martial Arts Instruction School at 6743 Dublin Boulevard; and WHEREAS, the City Zoning Ordinance requires Planning Commission approval of a Conditional Use Permit to operate a commercial recreation facility in the C-2 District; and WHEREAS, the Planning Commission held a public hearing on said application on June 16, 1986; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, this application has been reviewed in accordance with the provlslons of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, the Planning Commission finds that the Conditional Use Permit will not have a significant environmental impact; and WHEREAS, the Staff Report was submitted recommending that the Conditional Use Permit application be approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth; and WHEREAS, the proposed land use, if conditionally approved, is appropriate for the subject property in terms of being compatible to existing land uses in the area and will not overburden public service; NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission finds: A) The use is required by the public need in that it meets the recreational needs of a segment of the community. B) The use will be properly related to other land uses, and transportation service facilities in the vicinity, in that the use will be commensurate with present use of property in the neighborhood. C) The use will not materially adversely affect the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, as all applicable regulations will be met. -1- EXHIBIT.. 13 D) The use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located, as the proposed use will be compatible with adjacent retail uses. BE IT FURTHER RESOLVED that the Planning Commission does hereby conditionally approve PA 86-045 as shown by material labeled Exhibit A and stamped approved on file with the Dublin Planning Department subject to the following condition: 1) revocable for Ordinance. This permit shall expire June 26, 1991, and shall be cause in accordance with Section 8-90.3 of the Dublin Zoning PASSED, APPROVED AND ADOPTED this 16th day of June, 1986. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director -2- 01 , \ \ \ \ , '1\ \\ .1\ II // \ \ " /:.1 \ \\ \ /' /<<~~~~:-l ,\\.'_" ___ ____ .'/ ,->--"J 1-'- ,,9-- __' ,:::<,,~~,~~,::__:-,__~~?-, - .:s'.-_ '. ~_:::-~ "', \,- /' 8 ~ ~ --' .-~~--~- ----- 8 " '\\' '.'. . , , \ \ ~ "\ \ ~ o ,. -1 '" i & <D Ci m m ~ .. ,. ,. f3 f3 :;: ;l ,. ,. " " ... ... ~ .. ~ .. ;:a a: a .. -< .'" '" < in o z "' ; !- en ~~ Z -l Z ~ SlO .. -l fil :I: ~ o ill s: ~ "tI ,-< en o ~ z r ('") olJ'l =i > () to -.. ril~)> , oomCJ)O ~::. m " r- :i -<.. ~ 0 ~~)> C (.) ? "0 ~ - Z "__""";,.,~"..~ IT ACHMENT ~, ..-.~........;--.~ I - :;.""::.......)Arr\-t.\~,~~"..:;:~_....1;~;. 7,"-;"":\ ~',". ---',',. . ."...... Development Services P.O. Box 2340 Dublin. CA 94568 CITY OF DUBLIN Planning/Zoning 829-4916 Building & Safety 829-0822 Engineering/Public Works 829-4927 NOTICE OF EXEMPTION TO: County Clerk - County of Alameda 1225 Fallon Street Oakland, California 94612 FROM: City of Dublin Planning Department 6500 Dublin Boulevard Suite D Dublin, CA 94568 PROJECT TITLE: PA 86-045 Japan Karate Organization Conditional Use Permit PROJECT LOCATION: 6743 Dublin Boulevard, Suites 31-32 Dublin, Alameda County, CA 94568 PROJECT DESCRIPTION: Conditional Use Permit to continue operation of Karate/Martial Arts Instruction School in the C-2, General Commercial District. The City of Dublin, on May 9, 1986, found that the above approved project has the following exempt status: Categorical Exemption, Class 1, Section 15301. Reasons why project is exempt: private structure involving no existing. Consists of the operation of an existing expansion of the use beyond that previously TELEPHONE: (415) 829-49l6 SIGNATURE: Laurence L. Tong, Planning Director DATE OF SIGNATURE: June , 1986 DATE OF MAILING: June " 1986 :ATT ACHMENT J., APPLICABLE REGULATIONS: Section 8-60.60 (Temporary Uses. Conditional Uses.) provides that in any district, temporary uses of a duration of sixty days or less that are not categorically exempt from the requirements of the California Environmental Quality Act shall be permitted only if approved pursuant to Section 8-94.0 (the Conditional Use Permit Process). Section 8-94.0 states that conditional uses must be analyzed to determine: 1) whether or not the use is required by the public need; 2) whether or not the use will be properly related to other land uses, transportation and service facilities in the vicinity; 3) whether or not the use will materially affect the health or safety of persons residing or working in the vicinity; and 4) whether or not the use will be contrary to the specific intent clauses or performance standards established for the district in which it is located. Section 8-94.4 states that the approval of a Conditional Use Permit may be valid only for a specified term, and may be made contingent upon the acceptance and observation of specified conditions, including but not limited to the following matters: a) Substantial conformity to approved plans and drawings; b) Limitations on time of day for the conduct of specified activities; c) Time period within which the approval shall be exercised and the proposed use brought into existence, failing which, the approval shall lapse and be void; d) Guarantees as to compliance with the terms of the approval, including the posting of bond; e) Compliance with requirements of other departments of the City/County Government. ENVIRONMENTAL REVIEW: A Negative Declaration of Environmental Significance has been prepared for this application on the basis that the proposed project will not have a significant effect on the environment. NOTIFICATION: Public Notice of the June 16, 1986, hearing was published in The Herald, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: The Applicant is requesting approval to temporarily store up to a maximum of 60 cars on a portion of the vacant lot adjoining the existing Pontiac/Toyota Car Dealerships. The Applicant advised Staff that he is anticipating receiving additional new vehicles from both car manufacturers that will extend his total inventory temporarily beyond the capacity of the existing dealership layout (see Attachment #1). The requested Conditional Use Permit would provide temporary vehicular storage for approximately 60 days on a 120' x 240' portion of the vacant, undeveloped lot adjoining the east side of the car dealership. The Applicant's Written Statement of June 3, 1986, requests authorization to temporarily store wholesale cars and to provide space for excess employee parking. While Staff can support a conditional approval of temporary storage of the wholesale units, it has difficulty seeing merit in the request to allow use of the portions of the lot for employee parking. Differences between the two types of parking basically boil down to the frequency of movement of vehicles in and out of the lot. The area is unimproved (i.e., a dirt lot) and is accessed by an unimproved driveway connection to Dublin Court. The existing car dealerships were approved in 1980 and were required to maintain on-site parking spaces for employee or vendor parking, for cars awaiting -2- service for customer or visiting parking. Irregard1ess of the space "pinch" the Applicant will temporarily encounter, the Staff cannot support any relief to the obligation to provide normally required on-site parking. The City has previously processed a complaint against the Applicant for not maintaining parking areas on-site for his employees. The use of the temporary lot for storage of wholesale cars is considered acceptable on a short term basis as it will involve less movement of vehicles in and out of the lot and will not be accessible by the general public. If the Planning Commission sees merit in this request it should keep in mind the precedent the approval may set for similar future requests. An approval of the project should be tightly conditioned to provide for a narrowly defined entitlement that will be consistent with the intent of the C-2, General Commercial District and will not involve any retail activity within the temporary vehicle storage area. It should be noted that the City has previously processed a complaint for storage and display. While Staff is generally supportive of the application, if modified to provide for storage of only wholesale vehicles, Staff does encourage the Planning Commission to indicate that the approval is to be viewed as a one-time only permit. Staff strongly recommends that the Applicant be advised that any subsequent request to utilize the vacant property for overflow parking or storage will be sanctioned only upon the approval of a standard Conditional Use Permit and the provision of a fully improved site, which would include site paving, drainage and landscaping and would be required to be accompanied by normal frontage improvements along Dublin Court. RECOMMENDATION: Based on the above Staff Report, Staff finds the request appropriate (modified to disallow employee parking within the temporary lot) and recommends the Planning Commission FORMAT: 1) Open public hearing and hear Staff presentation. 2) Take testimony from Applicant and the public. 3) Question Staff, Applicant and the public. 4) Close public hearing and deliberate. 5) Consider and act on two draft Resolutions: A - A Resolution regarding the Negative Declaration of Environmental Significance B - A Resolution regarding the Conditional Use Permit ACTION: Staff recommends the Planning Commission Adopt Exhibits A and B adopting a Negative Declaration of Environmental Significance for the project and approving Conditional Use Permit Application PA 86-051. -3- ATTACHMENTS: Exhibit A - Draft Resolution adopting a Negative Declaration of Environmental Significance Exhibit B - Draft Resolution approving the Conditional Use Permit Application Background Attachments: 1 - Applicant's Written Statement 2 - Location Maps 3 - Partial Site Plan 4 - Draft Negative Declaration -4-